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Borders, Citizenship and Immigration Bill [HL]

We are not arguing here about whether it is right to take fingerprints or DNA samples; that is taken for granted nowadays, but people are concerned about the extent to which these samples are stored on the national database. I believe that our system has more personal profiles on it than any other country in Europe, but that may be effective in enabling us to catch criminals. It is not the principle of taking samples in the first instance that we are discussing here but the indefinite retention of samples from innocent persons. I am most grateful to the noble Baroness, Lady Hanham, and my noble friend Lady Miller for their support for that principle. With respect, the letter from Vernon Coaker did not explain the detail. He went into the question only of how a person could be detained under Schedule 7 to the Terrorism Act; he did not explain how Section 64 of the 1984 Act allows the samples to be taken and retained indefinitely. That is the point of the amendment. I am very glad to hear that the Government are considering how to implement the S and Marper judgment. Is there any time limit for that process in the ECHR? It was on 4 December last that the judgment was issued, and I am certain that the Council of Ministers would not be happy about an indefinite extension of the time within which the Government must comply with the judgment. They say that they are exploring this by means of a public consultation. I was not aware of that, to be quite honest, and I would be grateful if the Minister could place details of the public consultation either on the Home Office website or in the Library of your Lordships' House so that we can all engage in the discussion.

About this proceeding contribution

Reference

708 c786-7 

Session

2008-09

Chamber / Committee

House of Lords chamber
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